opportunity of being heard Archives

Rajasthan High Court quashes order reducing Grants-in-Aid of Educational Institutions; says it affects Students’ education

“Even while passing administrative order having civil consequences, the reasons are not only to be recorded but are to be supplied to the affected parties.”

Case Briefs High Courts

‘Preference Policy not applicable if ‘no qualified ST candidate available’; MP High Court quashes termination of ASHA worker

The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.

Case Briefs High Courts

‘No power to de-empanel a hospital’; Rajasthan High Court quashes Medipulse Hospital’s De-Empanelment under Central Govt Health Scheme

The Court held that the de-empanelment order was issued in contravention of natural justice principles due to the lack of proper notice and opportunity for the petitioner to respond.

Case Briefs High Courts

Termination without opportunity of being heard violates Article 311(2) mandate: Calcutta High Court

The Calcutta High Court determined that the termination, despite being framed as simpliciter, was based on respondent’s alleged misconduct.

Case Briefs High Courts

Cancellation of bail without issuing notice to the applicants and without affording them a reasonable and sufficient opportunity of hearing is patently illegal; Allahabad High Court reiterates

Allahabad High Court: In a bail application filed by the applicants for quashing the proceedings and setting aside the bail

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Can lease rentals arising out of use and occupation of a cold storage unit be categorised as ‘Operational Debt’ under S. 5(21) I&B Code? Find out Tribunal’s ruling

National Company Law Appellate Tribunal (NCLAT): A Coram of Venugopal M. (Judicial Member) and Shreesha Merla (Technical Member), while addressing the present company

Case Briefs High Courts

Utt HC | Fundamental rule of law is that no decision can be given without the opportunity of being heard; Court allows appeal

Uttaranchal High Court: Lok Pal Singh, J., allowed a writ petition which was filed in the nature of the certiorari, seeking quashing

Case Briefs High Courts

Cal HC | “Leave India Notice” issued to Polish citizen for participating in anti-government demonstration declared to be null & void; Valid right to reside in India goes hand-in-hand with fundamental rights

Calcutta High Court: Sabyasachi Bhattacharyya, J., while setting aside an impugned order of expulsion of a polish citizen (Student) dated 14-02-2020, stating

Case Briefs High Courts

Megh HC | Tender for procurement of Assam Rifles cannot be cancelled without giving an opportunity of being heard to the successful bidder

Meghalaya High Court: The Bench of S.R. Sen, J. allowed a writ petition challenging cancellation of tender for procurement of Assam Rifles.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Opportunity of being heard needs to be provided to ensure that the interests of the affected party are not prejudiced: NCDRC

National Consumer Disputes Redressal Commission: The National Commission, through a Bench comprising of Anup Kr Thakur, Presiding Member and C. Vishwanath, Member

Case Briefs High Courts

Forgiveness sought for offence under Ss. 195 and 211 IPC no ground for quashing the complaint

Punjab and Haryana High Court: The Court recently dealt with a petition under Section 482 CrPC praying for quashing of complaint against